When an application for either a visa or a Permanent Residence Permit is rejected, the Department of Home Affairs provides a rejection letter detailing the reasons, which may include, amongst others, missing documents, non-compliance with visa requirements and/or other factors deemed relevant by the adjudicating official. It is important to note that not every adverse decision can be appealed; there must be sufficient grounds for an appeal. An appeal is effectively challenging the decision made by the Department of Home Affairs on the basis that the decision made was either erroneous or the Department of Home Affairs did not adequately consider the documentation submitted along with the application which was rejected. Once an appeal is submitted, the Department of Home Affairs has the final authority to either grant the visa or permit, including specific conditions endorsed thereon, or uphold the rejection.
Should you firmly believe that the Department of Home Affairs erred or did not adequately consider the documentation provided with your initial application, please contact us. Our team of experts will conduct an initial assessment on the feasibility of submitting an appeal and advise you on the best course of action.
When a rejection is received, it is important to decide on the best course of action. Please consider the following:
Appeal applications require a methodological approach and must adhere to a specific structure to ensure the optimum chance of success. As such, we recommend that seeking the assistance of professionals to guide you through the appeal process. Should you require any assistance with submitting an appeal to the Department of Home Affairs or on the best course of action, please reach out to us, by submitting the contact form below.
FREQUENTLY ASKED QUESTIONS
Are there any alternatives to submitting an appeal application?
Submitting an application afresh remains an alternative. However, depending on your personal circumstances and especially the place of submission, it is advisable to seek the assistance of professionals to plot out the best course of action.
What if my appeal application is unsuccessful?
An initial appeal is not an exhaustive remedy, and the Immigration Act allows for a subsequent appeal to be submitted, should the initial appeal prove unsuccessful.
Should the subsequent appeal prove unsuccessful, the next step would involve approaching the Court to further assist, provided there is adequate merits.
Our litigation team at Xpatweb has extensive experience in preparing applications made to the High Court of South Africa and can most assuredly assist in this regard.
Should I rather submit a new application?
The answer to this question depends largely on your prevalent circumstances and specifically the reason(s) provided for the rejection and the period your current visa will remain valid for should you wish to continue your current sojourn in South Africa. As such, we recommend scheduling an initial consultation to assess same and provide you with the best way forward.
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Kindly note that our offices are closed between 25 December 2024 and 1 January 2025 and as such there will be a delay in our normal expeditious response times. Our teams are taking a short festive season break and will address your query upon their return on Thursday, 2 January 2025.